HULAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this criminal appeal filed under Sec. 374(2) of Cr.P.C., the accused-appellants are calling in question the legality, validity and correctness of the impugned judgment of conviction and order of sentence dtd. 28/11/2013, passed by the Court of learned Addl. Sessions Judge, Sakti, District Janjgir-Champa (Chhattisgarh), in Sessions Trial No.104/2011, whereby they have been convicted for offence under Sec. 302 read with Sec. 34 of IPC and sentenced to undergo life imprisonment with fine of Rs.80,000.00 and, in default of payment of fine, additional rigorous imprisonment of 04 years.

(2.) The case of the prosecution, in short, is that between 13/2/2011, at about 07:00 AM, to 17/2/2011, at about 09:30, at Village Kashigarh within the ambit of Police Station Jaijaipur, District Janjgir-Champa (Chhattisgarh) the accused-appellants herein assaulted Dharam Chandra (hereinafter referred to as the "deceased") by means of 'lathi' and iron rod, due to which he suffered grievous injury and died and, thereby, committed the offence under Sec. 302, 34 of IPC.

(3.) The further case of the prosecution is that on 13/2/2011 at about 09:00 PM the two accused-appellants herein visited the house of the deceased and requested him to accompany them for repairing the electricity line, as he was an electrician, pursuant to which deceased accompanied both of them but did not return back to his house. Thereafter, on 17/2/2011, the dead-body of deceased was noticed by Dharmu Chandra (PW-11), brother of the deceased, and he immediately lodged marg intimation (Ex.P/13). Panchanama for identification of the dead-body of deceased was prepared vide Ex.P/12. Spot map was prepared vide Ex.P/10 and inquest was also conducted vide Ex.P/02. Thereafter, the dead-body of deceased was sent for postmortem examination and in the postmortem examination report (Ex.P/12), conducted by Dr. Rajkumar Singh (PW-20), the cause of death of deceased remains open, as the dead-body was found in decomposed condition. The appellants-accused were arrested and their memorandum statements were recorded vide Ex.P/ 05 and P/07 respectively and pursuant to memorandum statement of appellant No.01- Hulas recorded vide Ex.P/05, motor-cycle, jacket and full-pant were seized vide Ex.P/06 and, similarly, pursuant to memorandum statement of appellant No.02- Sunder Kahra, iron plier and full-pant were seized vide Ex.P/08. Further, from the place of incident, one iron rod was recovered vide Ex.P/04. Thereafter, all the aforesaid seized articles were sent for FSL examination vide Ex.P/20, but no FSL report has been brought on record for the reasons best known to the prosecution. Further, visara from the dead-body of deceased was also preserved vide Ex.P/21 and same was sent for FSL examination vide Ex.P/22 and in the FSL report (at Page 59 of the paper-book) it was opined that no poisonous substance was found in the said visara. Thereafter, statements of witnesses were recorded and, after due investigation, the police filed charge-sheet in the Court of Chief Judicial Magistrate, Jaijaipur and, the case was committed to the Court of Sessions for trial in accordance with law, in which the appellants/accused abjured their guilt and entered into defence by stating that they are innocent and have been falsely implicated.